Terms and Conditions

These terms and conditions constitute an “agreement” which is legally binding between you, or on behalf of an entity (hereby called “you”) and ROTJANA KAANKEM Co,Ltd (hereby called “we”, “us”, or “our”). By accessing and using the Kyrie & Terra website: https://kyrieandterra.com ( collectively, the “Site”) , its subdomains, and any service associated and available within the site (hereby called “Services”), you have reviewed and are agreed to be bound by Terms and Conditions as well as our Privacy Policy (also available in the site). Please do not use the Site or Services if you do not agree to the Terms and Conditions herein. The Smart Contracts and the Site are collectively referred to in these Terms as the “App”. Using the App, users can view their assets and use the Smart Contracts to acquire, trade, battle, and breed creatures with other App users.

BY USING THE SITE, THE APP, THE SMART CONTRACTS, OR ANY OTHER OFFICIAL KYRIE & TERRA PRODUCT AND SERVICES, YOU ARE CONFIRMING THAT YOU HAVE CAREFULLY READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS. YOU ARE PROHIBITED FROM USING THE SITE, THE APP AND THE SMART CONTRACTS AND YOU MUST IMMEDIATELY DISCONTINUE IF YOU DO NOT AGREE AND/OR ACCEPT ALL OF THESE TERMS AND CONDITIONS.

If you are under 18 years old, you and your parent or legal guardian are required to read and understand and your parent or legal guardian are eligible to a legally binding agreement with us or you have your parent or legal guardian’s permission to enter into a legally binding agreement with us. You are prohibited from creating an account, making or receiving any payment through the Site unless you are at least 13 years old. Parent or Legal guardian permitting a person who is at least 13 years old and under 18 years old, you agree to provide the consents, representations and warranties contained in the Terms on the Minor’s behalf. You are agree to supervise the Minor the use of the Site and their account created, ensure that the Minor’s information is accurate, assume all risks and liabilities as specified in the section 8 in this Terms and Conditions

We reserve the right to make changes or modifications to these Terms and Conditions at our sole discretion, at any time and for any reason.

 Table of Contents

1. 1. Disclaimer
2. 2. Accounts, User registration and representation
3. 3. User data
4. 4. Player conduct
5. 5. Intellectual Property
6. 6. Limitation of Liability
7. 7. Indemnification
8. 8. Submission
9. 9. Risk of digital assets and decentralized networks
10. 10. Third party website and content referrals
11. 11. Advertiser
12. 12. Accuracy of information
13. 13. Confidential information
14. 14. Termination
15. 15. Refunds
16. 16. Governing Law and Dispute Resolution
17. 17. Law enforcement inquiries
18. 18. Miscellaneous

 1. Disclaimer

KYRIE & TERRA DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, TITLE, NON- INFRINGEMENT AND/OR QUIET ENJOYMENT.

KYRIE & TERRA HAS NO CONTROL OVER AND MAKES NO WARRANTIES OR PROMISES WITH RESPECT TO SMART CONTRACTS. KYRIE & TERRA IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE BINANCE NETWORK, THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NETWORK.

YOU UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE, THE APP AND THE SMART CONTRACTS ARE AT YOUR SOLE RISK, AND THAT THE SITE, THE APP AND THE SMART CONTRACTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE BINANCE NETWORK, THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM USER ERROR, SERVER FAILURE OR DATA LOSS, CORRUPTED WALLET FILES, UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE APP, BLOCKCHAIN NETWORK, OR THE METAMASK ELECTRONIC WALLET.

YOU ACKNOWLEDGE THAT KYRIE & TERRA MAKES NO WARRANTIES OR PROMISES UNDER THIS AGREEMENT DIRECTLY FOR THE BENEFIT OF ANY END USER, AND THAT KYRIE & TERRA OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF YOU ONLY, AND NOT FOR THE BENEFIT OF ANY OTHER PERSON.

 2. Accounts, User registration and representation

You may be required to register and create an account in order to use the Site, the App, and the Smart Contracts. You must ensure that any personal information you give to us when creating an account is true, accurate, up-to-date and complete. You will be responsible for all use of your account and password and to keep them confidentially. In order to use the App and the Site, you will be required to provide your public wallet address (for example: Binance / Ethereum) when creating your Account.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site, the App, and the Smart Contracts (or any portion thereof).

We reserve the right in our sole discretion to remove or make a change to your username you selected if we determine that such username is inappropriate, offensive, objectionable or obscene.

By using the Site, the App and the Smart Contracts, you represent and warrant that:

• ・You have the legal capacity and you agree to comply with these Terms and Conditions.
• ・You will not access the Site, the App and the Smart Contracts through automated and non-human means, whether through a bot, script or otherwise. Except as expressly mentioned herein; public tools and bots that facilitate transparency and analysis, private non-commercial tools for analytical purposes. Anyone who abuses such aforementioned tools (for example: spamming) will be permanently banned from using such tools.
• ・You will not access the Site, the App and the Smart Contracts for any illegal and unauthorized purpose.
• ・Your use of the Site, the App and the Smart Contracts will not violate any applicable law or regulation.
• ・You will not manipulate Kyrie & Terra’s innate game system.
• ・You will only use one in-game account to earn tokens in any 24-hour period.

We or third party providers may store the IP address you use to access our Site or App.

 3. User data

For the purpose of managing the performance of the Site, we will maintain certain data from your usage of or relating to the Site, the App and the Smart Contracts. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that release to any activity by using the Site, the App and the Smart Contracts.

 4. Player conduct

Players are expected to behave in a respectful and sportsmanlike manner at all times while using the game's services. This includes refraining from using any language or conduct that is harassing, threatening, defamatory, or otherwise offensive to other players or game administrators. Players are also prohibited from engaging in cheating, hacking, exploiting, or other activities that give them an unfair advantage over other players. Violations of these rules may result in suspension or termination of the player's account, and may also result in legal action if deemed necessary by us.

 5. Intellectual Property

Unless otherwise indicated by us, all intellectual property rights and any content provided in connection with the Site and the App and the Smart Contract and all source code (collectively, the “Content”), are the property of Kyrie & Terra and ROTJANA KAANKEM Co,Ltd, and are protected by applicable intellectual property laws. Any rights not expressly specified herein to use the Content and materials contained on or through the Site or the Services are reserved by Kyrie & Terra and ROTJANA KAANKEM Co,Ltd in full.

Unless they are expressly provided in these Terms and Conditions, no part of the Site, the App, the Smart Contract and no any Content may be copied, reproduced, republish, publicly displayed, distributed or otherwise exploited for any commercial purpose without our express prior written permission. You agree and acknowledge that the Content contained in or delivered by the Site or the Services is made available for your personal and non-commercial use only and that you may only use the Content for the purpose of using the Site or the Services in accordance with this Terms and Condition agreement.

Provided that you own, or get permission from someone who owns Kyrie & Terra’s NFT asset, you are granted create fan-art which can be used commercially provided that you follow the conditions set as followed:

• (1) You must not use our official asset (logo, text design and etc.), however creating a non-commercial official Kyrie & Terra assets as inspiration is acceptable
• (2) The created artwork must clearly state “Kyrie & Terra Fanart'' and may link to https://kyrieandterra.com
• (3) The created NFT can be used to generate a maximum of US$ 10,000.00 in revenue otherwise you must sign and official license agreement with us in order to do so. The revenue can derive from either fanart or merchandise. Original Fanart created without monetizing is acceptable.

We respect the nature of intellectual property rights, if you believe that your intellectual property rights are being infringed, please email to us.

 6. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE, KYRIE & TERRA AND ROTJANA KAANKEM CO.,LTD, OUR SUBSIDIARIES, AFFILIATES, REPRESENTATIVE, DIRECTOR AND EMPLOYEES, BE LIABLE FOR YOU OR TO ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF DATA, LOSS OF BUSINESS REPUTATION OR OPPORTUNITIES, OR ANY OTHER TANGIBLE LOSS WHICH YOU MAY INCURRED.

You agree and acknowledge that, to the maximum extent permitted by law that our total, aggregate liability in connection to these terms or your access to or use of (or your inability to access or use), any portion of the Site, the App and the Smart Contracts, whether in contract or any other legal theory, will be limited to, and must not exceed the portion of the price paid by you to us for the items the subject of the relevant claim. We will not be liable to you for any transactions that take on a marketplace, any consequential loss, whether under statute, contract, tort, indemnity, equity or otherwise.

KYRIE & TERRA SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED, WHETHER IN WHOLE OR PARTLY BY UNSUPPORTED HARDWARE OR SOFTWARE, A FAULT OR DEFECT IN YOUR COMPUTING ENVIRONMENT OR DATA, ANY MALFUNCTIONS OR UNEXPECTED FUNCTION OF BLOCKCHAIN OR ANY CRYPTOCURRENCY RELATED NETWORK.

The App may use third party products or services. We do not make any warranty or representation in respect of the third party product and services. We do not guarantee that any file or program available or execution via the App is free from viruses or any matters that could damage data, hardware or software.

This clause shall not be affected by expiry or termination of this Terms and Conditions.

 7. Indemnification

You agree to indemnify and hold Kyrie & Terra, ROTJANA KAANKEM Co,Ltd, its subsidiaries, affiliates, and all of our respective directors, managers, members, employee for any and all loss, claims, damage, liability, demands including but not limited to legal and attorney fees and expense, due to arising of or relating to the following:

• (1) Use of the Site or Services
• (2) Breach of these Terms and Conditions or any other associated policy
• (3) Any openly harmful action toward any other use of the Site
• (4) Violation of any rights of any other person or entity
• (5) Feedback or comments you provide

You shall indemnify Kyrie & Terra and ROTJANA KAANKEM Co,Ltd for claims, losses, damage arising out of your gross negligence or willful misconduct. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.

This indemnity shall apply to your successors and assigns and shall survive any termination or cancellation of this agreement.

Relationship of the Parties. These Terms and Conditions are not intended to, or shall create any partnership, joint venture, agency, or consultancy. You and Us are independent contractors for purposes of this agreement.

 8. Submission

You agree and acknowledge that any questions, ideas, feedback, comments, suggestions, or other information regarding the Site, the App and the Smart Contracts (“Submissions") provided by you to us shall be regarded as non-confidential and therefore should become our property.

We own exclusive rights, and should be entitled to the unrestricted use of these Submissions to any lawful purpose without acknowledgment or compensation for you. You hereby warrant that you have the right to submit such Submissions and such Submissions are original. You agree there should be no misappropriation of any proprietary right in your Submissions.

 9. Risk of digital assets and decentralized networks

You accept and acknowledge that:

• (1) All transactions involving digital blockchain assets involve substantial risks. The prices of blockchain assets are extremely volatile. Due to fluctuations in the price of other digital assets could adversely affect the value of your digital assets. Please be aware that the value of digital assets can decrease, change and potentially even fall to the value of zero. Therefore we will not and by no means guarantee that you or anyone will not lose money by the use of our Site and Services.
• (2) You agree and acknowledge that we are not responsible for any loss of your digital asset resulting from loss, using or transferring digital assets in connection with our Services, mishandling or theft of digital asset private keys outside our control.
• (3) We do not provide or offer any investment advice. Do not use our Site , Services or any associated information as a basis or reference for an investment consideration and decision.
• (4) The regulatory system governing blockchain technologies and digital assets are uncertain, therefore there may be new regulations or policies that may materially affect the development of Kyrie & Terra’s ecosystem and value of digital assets associated with it.

 10. Third party website and content referrals

The Site and/or the App (or you may be sent via the Site and/or the App) links to other websites (“Third-Party Websites") as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content").

We are not responsible for any Third-Party Websites accessed through the Site and/or the App, or any Third-Party Content posted on, available through, or installed from the Site and/or the App, including the content, accuracy, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

If you participate in such Third-Party Websites and Third-Party Content, you agree not to act in any way which allows you to fraudulently, inappropriately or unfairly receive the benefits of a Referral Scheme. By accessing such Third-Party Websites and Content, you do so at your own risk and you should be aware that these Terms and Conditions no longer govern. In addition, acting contrary to this clause will be considered a material breach of these Terms and Conditions and may result in suspension and/or termination of your account, access or use of our Site, App and Smart Contracts.

You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites and you should hold us harmless from any harm caused by your purchase of such products and services on Third-Party Websites.

You should hold us harmless from any losses you incur or relating to resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

 11. Advertiser

We may allow advertisers to display their advertisements in certain areas of the Site and the App such as banner or sidebar advertisements.

Furthermore, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site and/or the App, and you should take full responsibility for any advertisements you place on the Site and/or the App, and any services provided on the Site and/or the App, or products sold through those advertisements. Our Site and App simply provide the space for such advertisements.

We reserve the right to remove any advertisement which we, in our sole discretion, deem to be inappropriate, and may prevent you from further participating in our advertisement service in the future.

 12. Accuracy of information

While we endeavor to ensure the accuracy of any information displayed, provided, passed through or transmitted on the Services, such information may not always be accurate or up-to-date.

Therefore, before relying on such information, you should independently verify all information, and any decision or action taken based on such information will be your sole responsibility.

 13. Confidential information

Each party to these Terms and Conditions: a “Receiving Party” may have access to certain non-public confidential information of the other party, a “Disclosing Party” including without limitation all information clearly identified as confidential at the time of disclosure (so called “Confidential Information”).

For purposes of these Terms and Conditions, "Confidential Information" shall include all non-public information or material regarding the Disclosing party that has or could have commercial value or other utility in the business in which the Disclosing Party is engaged.

Each party agrees as follows:

(a) to use the Confidential Information of the Disclosing Party only for the purposes permitted by the Agreement, or as otherwise permitted by the Agreement;

(b) to take all reasonable steps to ensure that the Disclosing Party’s Confidential Information is not disclosed or distributed by the Receiving Party’s employees or agents in violation of the Agreement, but either party will use their best effort to protect the Confidential Information of the Disclosing Party as it uses to protect its own Confidential Information;

(c) to restrict access to the Confidential Information disclosed by the Disclosing Party to such of the Receiving Party’s employees, agents and third parties, if any, who have a need to have access and who have been advised of and have agreed in writing or are otherwise bound to treat such information in accordance with the Agreement; and

(d) to return or destroy all Confidential Information of the Disclosing Party’s written request, after termination of the Agreement.

However, the Receiving Party will not be obligated under this confidentiality section with respect to information that:

(a) is or has become readily publicly available through no act or omission of the Receiving Party or its employees or agents;

(b) is received from a third party lawfully in possession of such information and the Receiving Party has no knowledge of any disclosure restrictions on such third party to disclose such information;

(c) is disclosed to a third party by the Disclosing Party without restriction on disclosure;

(d) was rightfully in the possession of the Receiving Party without restriction prior to its disclosure by the Disclosing Party; or (e) was independently developed by employees or consultants of the Receiving Party without reliance on, or reference to, such Confidential Information.

Notwithstanding the aforementioned, Confidential Information may be disclosed as required by any governmental agency, provided that the Disclosing Party must provide the Receiving Party with advance notice.

 14. Termination

We reserved the right to, in our sole discretion, without prior notice or liability, to any person for any reason or for no reason, to deny access to and use of the Site, the App and the Smart Contract including blocking IP address. We may, in our sole discretion, terminate your use or participation in the Site, the App and the Smart Contract or delete your account without prior warning, without limitation for breach of any representation or warranty contained in these Terms and Conditions.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a borrowed, or a fabricated name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including without limitation to pursue civil, and criminal lawsuits.

 15. Refunds

Due to the nature of NFTs (Non-Fungible Tokens), all sales of NFTs made through the game's services are final and non-refundable. You understand and agree that NFTs have unique properties and values that cannot be replicated or exchanged for cash or other tangible items. You also acknowledge that the purchase of an NFT is an investment and that the value of the NFT may fluctuate over time.

You also acknowledge that the NFT is a digital asset that is stored on a blockchain network, and that the game's administrators have no control over the blockchain network or the operations of the network. You understand and agree that we are not responsible for any errors, delays, or other issues related to the blockchain network, including any loss of NFTs or other digital assets.

KYRIE & TERRA reserve the right to modify this refund policy at any time without notice, and any such modifications will be binding on the user. In the event that we determine, in their sole discretion, that a refund is warranted due to an error or other issue with the game's services, such refund may be provided in the form of a

 16. Governing Law and Dispute Resolution

These Terms and Conditions, your use of the Site, the App, the Smart contracts and all matters related are governed by and construed in accordance with the laws of Thailand and are entirely performed in Thailand. Any cause of action or claim you may have which is relating to the Terms and Conditions must be commenced within one year after the cause of action accrues, otherwise such action or claim is permanently barred.

 17. Law enforcement inquiries

We reserve our right to respond to all other law enforcement inquiries on a case-by-case basis, and any such response is made at our sole discretion. For inquiries, please kindly send an inquiry to [email protected]. By sending an inquiry to [email protected], you expressly consent and agree that any and all such inquiry become the sole property of Kyrie & Terra and ROTJANA KAANKEM Co,Ltd and that Kyrie & Terra and / or ROTJANA KAANKEM Co,Ltd shall have the right at its sole discretion, to publish any of such inquiry, regardless of the content of the inquiry.

 18. Miscellaneous

We may assign any or all of our rights and obligations to others at any time. These Terms and Conditions operate to the fullest extent permissible by law. In the event that any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, and unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. We shall not be responsible or liable for any loss, damage, failure to act, delay or prevented from complying with these Terms and Conditions, caused by Force Majeure event or any cause beyond our reasonable control, as theses are not to be deemed as a breach and no loss or Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.